Sen. Gary Forby

Filed: 5/20/2016

 

 


 

 


 
09900SB0553sam002LRB099 03304 RLC 48950 a

1
AMENDMENT TO SENATE BILL 553

2    AMENDMENT NO. ______. Amend Senate Bill 553 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Firearm Concealed Carry Act is amended by
5changing Sections 40 and 60 as follows:
 
6    (430 ILCS 66/40)
7    Sec. 40. Non-resident license applications.
8    (a) For the purposes of this Section, "non-resident" means
9a person who has not resided within this State for more than 30
10days and resides in another state or territory.
11    (b) The Department shall by rule allow for non-resident
12license applications from any state or territory of the United
13States with laws related to firearm ownership, possession, and
14carrying, that are substantially similar to the requirements to
15obtain a license under this Act.
16    (c) A resident of a state or territory approved by the

 

 

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1Department under subsection (b) of this Section may apply for a
2non-resident license. The applicant shall apply to the
3Department and must meet all of the qualifications established
4in Section 25 of this Act, except for the Illinois residency
5requirement in item (xiv) of paragraph (2) of subsection (a) of
6Section 4 of the Firearm Owners Identification Card Act. The
7applicant shall submit:
8        (1) the application and documentation required under
9    Section 30 of this Act and the applicable fee;
10        (2) a notarized document stating that the applicant:
11            (A) is eligible under federal law and the laws of
12        his or her state or territory of residence to own or
13        possess a firearm;
14            (B) if applicable, has a license or permit to carry
15        a firearm or concealed firearm issued by his or her
16        state or territory of residence and attach a copy of
17        the license or permit to the application;
18            (C) understands Illinois laws pertaining to the
19        possession and transport of firearms; and
20            (D) acknowledges that the applicant is subject to
21        the jurisdiction of the Department and Illinois courts
22        for any violation of this Act;
23        (3) a photocopy of any certificates or other evidence
24    of compliance with the training requirements under Section
25    75 of this Act; and
26        (4) a head and shoulder color photograph in a size

 

 

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1    specified by the Department taken within the 30 days
2    preceding the date of the application.
3    (d) In lieu of an Illinois driver's license or Illinois
4identification card, a non-resident applicant shall provide
5similar documentation from his or her state or territory of
6residence. In lieu of a valid Firearm Owner's Identification
7Card, the applicant shall submit documentation and information
8required by the Department to obtain a Firearm Owner's
9Identification Card, including an affidavit that the
10non-resident meets the mental health standards to obtain a
11firearm under Illinois law, and the Department shall ensure
12that the applicant would meet the eligibility criteria to
13obtain a Firearm Owner's Identification card if he or she was a
14resident of this State.
15    (e) Nothing in this Act shall prohibit a non-resident from
16transporting a concealed firearm within his or her vehicle in
17Illinois, if the concealed firearm remains within his or her
18vehicle and the non-resident:
19        (1) is not prohibited from owning or possessing a
20    firearm under federal law;
21        (2) is eligible to carry a firearm in public under the
22    laws of his or her state or territory of residence, as
23    evidenced by the possession of a concealed carry license or
24    permit issued by his or her state of residence, if
25    applicable; and
26        (3) is not in possession of a license under this Act.

 

 

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1    If the non-resident leaves his or her vehicle unattended,
2he or she shall store the firearm within a locked vehicle or
3locked container within the vehicle in accordance with
4subsection (b) of Section 65 of this Act.
5    (f) Notwithstanding whether the laws of the state or
6territory where the non-resident resides related to firearm
7ownership, possession, and carrying, are substantially similar
8to the requirements to obtain a license under this Act, the
9Department shall, no later than 120 days after the effective
10date of this amendatory Act of the 99th General Assembly, allow
11for a non-resident license application if the applicant is an
12active duty member of the Armed Forces of the United States who
13is stationed in this State and lives in this State. A
14non-resident active duty member of the Armed Forces of the
15United States who is stationed in this State and lives in this
16State shall apply to the Department and must meet all of the
17qualifications established in Section 25 of this Act and shall
18submit:
19        (1) the application and documentation required under
20    subsection (b) of Section 30 of this Act and the applicable
21    fee;
22        (2) a photocopy of a valid military identification card
23    or Official Proof of Service Letter; and
24        (3) a photocopy of permanent change-of-station orders
25    to an assignment in this State.
26    In lieu of an Illinois driver's license or Illinois

 

 

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1identification card, a non-resident applicant under this
2subsection (f) shall provide similar documentation from his or
3her state or territory of residence. A non-resident licensee
4approved under this subsection (f) shall notify the Department
530 days following a permanent change of station move to an
6assignment outside of this State and shall surrender his or her
7license to the Department. A license issued under this
8subsection (f) shall expire on the earlier date of: (i) 5 years
9from the date of issuance; or (ii) the date the licensee's
10assignment in this State terminates. The Department may adopt
11rules necessary to implement the provisions of this amendatory
12Act of the 99th General Assembly through the use of emergency
13rulemaking in accordance with Section 5-45 of the Illinois
14Administrative Procedure Act for a period not to exceed 180
15days after the effective date of this amendatory Act of the
1699th General Assembly.
17(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-78,
18eff. 7-20-15.)
 
19    (430 ILCS 66/60)
20    Sec. 60. Fees.
21    (a) All fees collected under this Act shall be deposited as
22provided in this Section. Application, renewal, and
23replacement fees shall be non-refundable.
24    (b) An applicant for a new license or a renewal shall
25submit $150 with the application, of which $120 shall be

 

 

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1apportioned to the State Police Firearm Services Fund, $20
2shall be apportioned to the Mental Health Reporting Fund, and
3$10 shall be apportioned to the State Crime Laboratory Fund.
4    (c) A non-resident applicant for a new license or renewal
5shall submit $300 with the application, of which $250 shall be
6apportioned to the State Police Firearm Services Fund, $40
7shall be apportioned to the Mental Health Reporting Fund, and
8$10 shall be apportioned to the State Crime Laboratory Fund.
9    (d) A licensee requesting a new license in accordance with
10Section 55 shall submit $75, of which $60 shall be apportioned
11to the State Police Firearm Services Fund, $5 shall be
12apportioned to the Mental Health Reporting Fund, and $10 shall
13be apportioned to the State Crime Laboratory Fund.
14    (e) An applicant for a new license or a renewal who is a
15non-resident active duty member of the Armed Forces of the
16United States stationed in this State shall submit $150 with
17the application, of which $120 shall be apportioned to the
18State Police Firearm Services Fund, $20 shall be apportioned to
19the Mental Health Reporting Fund, and $10 shall be apportioned
20to the State Crime Laboratory Fund.
21(Source: P.A. 98-63, eff. 7-9-13.)
 
22    Section 10. The Wildlife Code is amended by adding Section
233.4b as follows:
 
24    (520 ILCS 5/3.4b new)

 

 

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1    Sec. 3.4b. Exemption. Persons licensed to possess a
2concealed firearm under the Firearm Concealed Carry Act and
3current or retired police officers authorized by law to possess
4a concealed firearm shall be exempt from provisions of this
5Code prohibiting possession of those firearms. However,
6nothing in this Section authorizes the use of those firearms
7except as authorized in the Firearm Concealed Carry Act, this
8Code, or other law.
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.".